Will my brother who has mental competency issues be deported?

  Question: My brother is in deportation proceedings, but he has mental competency issues. Will he be deported?   Answer: Until recently, attorneys and immigration judges had limited guidance about safeguards that might be available to ensure a fair hearing in immigration court for noncitizens with mental competency issues. As a result, many such individuals [...]

I can Alien Smuggle and not get Deported?

I can Alien Smuggle and not get deported? Question: I helped somebody get across the border of the U.S., and it was not done in a legal matter. I am now in removal proceedings and they are trying to deport me. Do I have any way of staying here in the U.S.? Answer: First, what [...]

Immigration Reform Possible in 2010

Question: Has there been any movement on the Immigration Reform Issue? Answer: Actually there has. A comprehensive Immigration Reform Bill has been submitted to Congress. There are lots of different provisions to this bill and it is not law, but it is a good start. Question: What are some of the more pertinent provisions? Answer:  [...]

Processing Military Naturalization

The Government Accountability Office (GAO) report finding USCIS generally met mandated processing deadlines for military naturalizations, but processing applicants deployed overseas is a challenge. GAO found that not all A-files contained documentation required in USCIS April 2009 guidance.

USCIS on new website for Customer Services

USCIS news release and fact sheet on new website features on USCIS.gov including a new online inquiry tool and tailored case status information, as well as new features for Spanish-speaking customers available at USCIS.gov/espanol.

H-2B Cap for FY 2011

As of 7/30/10, USCIS receipted 3,116 H-2B petitions, including approved and pending, toward the 33,000 H-2B cap amount for the first half of the fiscal year.

Unlawful Presence for Minors

Unlawful Presence for Minors Question: I am 17 years old and do not know if I will be subject to being unlawfully present. Can you clarify? Answer: There has been a significant change in the interpretation of unlawful presence as it relates to minors by the U.S. Consulate in Ciudad Juarez, Mexico (“CDJ”) and perhaps [...]

Federal government in opposition to Arizona’s immigration legislation

 Complaint and motion for preliminary injunction in suit by federal government in opposition to Arizona’s immigration legislation. Related Resources include declarations filed in support of the challenge.

USCIS Issued Comment Request on Form I-912

USCIS issued a comment request on an information collection on Form I-912, Request for an Individual Fee Waiver.

Case updates on how one analyzes crimes in Immigration

Nijhawan vs. Holder case updates how one analyzes crimes in Immigration under the categorical approach. Look at 1) categorical and 2)circumstancial

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